Because, the court retained the state ID program, which, IIRC came about
only as part of SB420, and the last time I read the decision and subsequent legal interpretations, that's what they said. If you avail yourself of the state ID card you are voluntarily limiting yourself. IIRC, that's about the only aspect of SB420 that the court allowed to stand, too.
Also, my attorney asked me about whether or not I had the card and I was unequivocal in telling him that I was already on plenty of lists and well known by the government, I wasn't going to add myself to another list. He then agreed wholeheartedly with that decision and, again IIRC said that another reason to not have the card was due to the voluntary limits should I deem to participate in that program.
The striking down of SB420 didn't really clear up much for us in California, it actually sort of muddied the waters because we voted in a constitutional law that wasn't very well written. It left a lot open to interpretation, and thus, confusion and setbacks.
Either way, being 215 compliant is nothing more than a defense. This assumes you are being put in the position of having to defend yourself, which ain't a good place to be.
Limits on PLANT numbers have been deemed null and void (a patient may posses enough plants/plant material to cover medical needs)....However the way I understand the law in this particular area is that in order for for the medical needs argument to hold up in a jury trial (when in possession of more than 6/12 or 8 oz.) a record of needs and use must be kept for each patient. i.e I ingest 4 grams of hashish a day and it takes 4 oz of plant material to make the 4 grams of hash a day (for example only, not a recipe). Lets say I am in possession of 40 oz of processed material (i'm allowed 8 oz on hand) but I have been keeping a record of cannabis use over a three month period of time and can show/prove that the 40 oz will only be enough plant material to provide me with 10 days of medicine.
Good record keeping is a must and proof of medical necessity is the ONLY defense in a jury trial.
That's a double-edged sword. How, exactly, do I quantify my use without WEIGHING it? I would need a scale. You see where that leaves me, yes? When I was visited by our local narcotics task force I told them I just smoke a LOT of weed, ALL DAY LONG (this is absolutely the truth, I'm up around 6am every day and I'm smoking by 7am). I was asked how many joints I smoke, I told them I have no idea, I use glass and I keep my bowl packed. I also told them I'm experimenting with making extracts to put on, instead of ingesting, and that requires a lot of bud/material.
What's really better is to not say anything to police, both in my and my attorney's opinions. Let the popo make the case, don't make it for them.
It is doubtful that the DOJ, DEA have the time to harass patients ATTEMPTING to follow the law, its the gardens that are clearly profit driven that typically catch there eye.
An arrest record doesn't mean shit, but a conviction on your record can be a burden to say the least.
(If I am mistaken or have interpreted the law wrong please inform me)
Stay safe, Happy growing!
FJ
I believe you are correct, an arrest means nothing. It's a conviction that sticks with you, like a dog shit on your shoe.
the state limits are null and void - but I thought if you lived in a place that had set limits then those are legit
420 was put in place in part to make counties recognize 215
No, those limits no longer apply. The only limitors in California come from the following; obtaining a state ID card, by doing so you are
voluntarily limiting yourself to 12/6 plants and, if I recall, 8oz finished product. This is according to the ruling by the circuit court of appeals on The People vs Kelly (sp? on Kelly). But if a county or city has said that patients can only have or grow so much, that is now nullified specifically by the court's ruling.
Only if you have a state card from my understanding.
Obtaining a state card is an agreement with the state, agreeing you will obey all local rules and regulations. (i.e 6bloom/or12veg AND 8OZ. processed materials) or whatever local laws allow for.
FJ
No, local laws can no longer place limitors on patients. That is outside the scope and intent of 215.
my understanding of the state card is your voluntarily agreeing to the limits set by 420 in which case you would need a drs rec for higher numbers
throwing out 420 does not throw out the guidelines set by the cities/counties where you live - those were likely put inplace before 420
Yes, it does throw them out. There is now no such thing as county limits on plant numbers or finished product. The only problem you have, and this is already a given seeing as how being 215 compliant is only a defense should you be brought to trial, is supporting those numbers and amounts.
DO NOT HAVE YOUR DOCTOR PLACE LIMITS ON YOUR CONSUMPTION OR DISCUSS QUANTITIES OF ANYTHING.
Only have him/her say that they recommend you use cannabis, that's it!
